Utah statute
Utah Code Ann. § 41-6a-512 — Factual basis for alcohol or drug-related reckless driving plea.
Current through 2026 General Session
Part of Part 5: Driving Under the Influence and Reckless Driving, Utah Code.
Full text of Utah Code Ann. § 41-6a-512
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008: (1)(a)(i) reckless driving under Section 41-6a-528; or (1)(a)(ii) an ordinance enacted under Section 41-6a-510. (1)(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation. (2) The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528. (3) The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section. (4)(a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series or obtain substance abuse treatment or do a combination of those things, apply to a conviction for a violation of Section 41-6a-528 under Subsection (1). (4)(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (3), (5), and (7).
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.